In re Nava Gonzalez, MISC. M-02-003.
| Decision Date | 08 January 2004 |
| Docket Number | No. MISC. M-02-003.,MISC. M-02-003. |
| Citation | 305 F.Supp.2d 682 |
| Parties | In the Matter of THE EXTRADITION OF CARLOS NAVA GONZALEZ |
| Court | U.S. District Court — Southern District of Texas |
Luis A Martinez, Office of U S Attorney, McAllen, for United States of America, plaintiff.
Oscar Alvarez, Attorney at Law, McAllen, for in the Matter of the Extradition of Carlos Arnulfo Nava-Gonzalez, defendant.
MEMORANDUM & CERTIFICATE OF EXTRADITABILITY
The government of Mexico seeks the extradition of Carlos Arnulfo Nava González ("Respondent"), pursuant to the extradition treaty which entered into force between the United States of America and the United Mexican States on January 25, 1980.1 (See Docket Entries # 1, 11.) The Mexican government desires to prosecute Respondent for offenses relating to the murder of Jesús Leonardo Alanís Ostos ("Alanís-Ostos"), and the attempted murder of Octavio Verástegui Ostos ("Verástegui-Ostos"), both of which occurred in Ciudad Mante, Tamaulipas, Mexico, during the early hours of June 6, 1999. (See, e.g., Docket Entry # 11.) Respondent has raised defensive matters, primarily advancing a theory that the crimes were, in actuality, committed by hoodlums or ruffians (referred to in Spanish as "porros"). (See, e.g., Docket Entry # 18.) Based on the matters explored in this memorandum, the undersigned shall certify Respondent's extraditability. See 18 U.S.C. § 3184.
The facts relevant to this case, as set forth in the record, are rather dense. That which follows, then, is a synthesis of the record. For ease of discussion, the factual and procedural summary is divided into five sections, addressing the following:
• the identity of the key persons with knowledge of or involvement in the underlying incident;
• the shooting of Alanís-Ostos and the initial investigation;
• the search for Respondent;
• the extradition proceedings against Respondent; and
• the porrismo phenomenon in Mexico.
The record indicates that, on the evening of June 5, 1999 (which fell on a Saturday), Alanís-Ostos and Verástegui-Ostos left their homes in Xicoténcatl, Tamaulipas for a night of partying in Cd. Mante, Tamaulipas, accompanied by José Luis Osorio Nieto, José Luis Hernández Rodríguez, Edik Martín Rodríguez Camacho, Ramón Bonilla Torres and Federico Wong.17 (See, e.g., Docket Entry # 11, Formal Extradition Request, at Tabs # 5, 6.) Eventually, the group of friends from Xicoténcatl landed at D'Morados nightclub in Cd. Mante. (Id.) The group apparently dispersed within the nightclub, talking to friends and acquaintances. (Id.)
Also partying at D'Morados that night was Respondent, who at the time was working as a federal police officer based in Cd. Mante. (See, e.g., Docket Entry # 11, Formal Extradition Request, at Tabs # 5, 6.) Respondent was, apparently, on a date that night with Helen Sosa Rentería, and they had attended a wedding reception that same evening prior to their D'Morados excursion. (See, e.g., Docket Entry # 18, Exhibit # 2.) It seems that Respondent was living at Hotel Los Arcos at the time, which is located about 800 meters from D'Morados. (See, e.g., Docket Entry # 11, Formal Extradition Request, at Tab # 9; Electronic Recording of Hearing of October 15, 2003.)
As the night of June 5th turned into the early hours of June 6th, the patrons of D'Morados continued partying, and some of them seem to have become rather intoxicated. (See, e.g., Docket Entry # 18, Exhibit # 2.) Then, at about 3:30 a.m. on June 6th, two fights broke out almost simultaneously near the entrance of D'Morados among various individuals, including Respondent and some of the young men from Xicoténcatl. (See, e.g., Docket Entry # 11, Formal Extradition Request, at Tabs # 5,6; Electronic Recording of Hearing of October 15, 2003.) When Remigio Galindo García — the proprietor of D'Morados — was able to access the area of the fights with a view towards breaking them up, he observed that at least four guys were physically beating Respondent. (Electronic Recording of Hearing of October 15,...
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